[§328J‑12]  Penalties. 
(a)  A person who smokes in an area where smoking is prohibited by this chapter
shall be guilty of a violation and fined not more than $50 to be deposited into
the general fund.  The district courts may assess costs not to exceed $25 for
issuing a penal summons upon any person who fails to appear at the place within
the time specified in the citation issued to the person.



(b)  Any authorized police officer, upon making
an arrest, shall take the name and address of the alleged violator and shall
issue the violator a summons or citation in writing.



(c)  There shall be provided for use by an
officer or employee of the respective government jurisdictions, duly authorized
to issue a summons or citation, or any police officer, a form of summons or
citation for use in citing a violator of this chapter that shall not provide
for the physical arrest of the violator.  The form and content of this summons
or citation shall be as adopted or prescribed by the administrative judge of
the district court.  When a citation is issued, the original of the citation
shall be given to the violator; provided that the administrative judge of the
district court may prescribe that the violator be given a copy of the citation
and provide for the disposition of the original and any other copies.  Every
citation shall be consecutively numbered and each copy shall bear the same
number as its respective original.



(d)  If any person fails to comply with a penal
summons given to the person, the court shall issue a warrant for the person’s
arrest.



(e)  Any police officer or other officer or
employee of the respective government jurisdictions may eject from the premises
any person to whom a citation has been issued and who continues to smoke after
the person has been so cited.



(f)  A person who owns, manages, operates, or
otherwise controls any place or facility designated by this chapter and fails
to comply with this chapter shall be guilty of a violation and fined:



(1)  Not more than $100 for a first violation;



(2)  Not more than $200 for a second violation within
one year of the date of the first violation; and



(3)  Not more than $500 for each additional violation
within one year of the date of the preceding violation.



(g)  In addition to the fines established by this
section, violation of this chapter by a person who owns, manages, operates, or
otherwise controls any place or facility designated by this chapter may result
in the suspension or revocation of any permit or license issued to the person
or the place for the premises on which the violation occurred.



(h)  Each day on which a violation of this
chapter occurs shall be considered a separate and distinct violation. [L 2006,
c 295, pt of §2]